SAN MARCOS: Council denies business's claim for damages

Jumping Turtle's owner say decision sets the stage for a lawsuit

The City Council has denied a claim that the owners of The
Jumping Turtle restaurant and bar filed against San Marcos last
month over the city's alleged harassment of and interference with
the business.

The council did not explain or comment on its decision, made
during a special, closed-door meeting Tuesday with City Attorney
Helen Holmes Peak.

The council's routine denial will not affect The Jumping
Turtle's appeal of the city's recent decision to revoke the
business's entertainment permit, city spokeswoman Jenny Peterson
said Thursday.

The revocation, which would end live music performances at The
Jumping Turtle, originally was scheduled to take effect 12:01 a.m.
Dec. 7, but was stayed after the business's owners, Matt Hall and
Laura Mouradian, appealed it.

A hearing on their appeal is set for Dec. 17.

Both the revocation and the claim, which seeks at least $10,000
in damages, are part of a major dispute between the city and The
Jumping Turtle, at 1660 Capalina Road.

Opened in 2003, the business quickly became a popular venue for
teen and young-adult musicians who find it hard to get stage time
at similar establishments because of little or no performing
experience.

Their bands, which play hard rock and alternative music, often
draw large audiences that include the musicians' family, friends
and other supporters.

The Jumping Turtle's problems with the city began in May, when
city officials added restrictions to the business's entertainment
permit.

San Marcos officials have said that the stricter rules were
imposed because the business was allowing underage drinking on its
premises, violating the city's noise ordinance, operating a
nightclub without a permit, and causing other problems.

The new restrictions required The Jumping Turtle to stop
charging a cover fee, ban people under the age of 21 from the
premises when alcohol is being served and a band is playing, and
reduce the number of live shows from six a week to two a week,
among other things.

Hall and Mouradian maintain that the alleged problems have been
overblown and say that city officials and local sheriff's deputies
are unfairly targeting the restaurant and bar and trying to shut it
down.

Hall and Mouradian filed their claim Nov. 2.

Such a move typically is the first step in trying to recover
damages from government agencies, because state law allows them to
be sued only if a claim for damages is filed and rejected.

Holmes Peak and attorney Everett DeLano, who is representing The
Jumping Turtle, could not be reached for comment Thursday.

Peterson said Thursday that a joint powers insurance agency that
covers the city must also weigh in on whether it should be paid or
rejected, before The Jumping Turtle's owners can sue the city.

Hall, however, said he believes that the council's decision
freed the business to file a lawsuit on or after Dec. 17.

"Unless there's a major move by the city to settle (with us), we
have every intention of filing," he said.